NBC school board awaits decision
By:David Koch
MANSFIELD With the April 16 school board elections less than two weeks away, local officials say they still have not received word on an appeal to overturn the reapportionment of the Northern Burlington County Regional Board of Education.
Both the school board and the Mansfield Township Committee filed petitions in February to appeal state Department of Education Commissioner William Librera’s reapportionment of Northern Burlington. The reapportionment gave Chesterfield a new school board member for a total of three positions, but reduced North Hanover’s seats from four to three.
Mansfield and Springfield retained the same number of members, with two and one, respectively.
Officials said they are appealing the reapportionment, which is based on the latest federal census figures, because they believe the DOE included inmates at Chesterfield’s two correctional facilities in the population count for Chesterfield.
Under state law, prisoners should be subtracted from the general population of a town in determining the apportionment.
In addition to the two appeals, Mansfield Township Committeeman Arthur Puglia and residents Ernest Dubay and Rahn Beeson went before Burlington County state Superior Court Judge Ronald E. Bookbinder on March 27 to appeal the reapportionment.
Officials said Mr. Bookbinder dismissed the appeal.
"He really said it was out of his jurisdiction," said Mr. Puglia.
Mr. Puglia said they made their own appeal because time was running out and nothing was being done.
During the March 27 Mansfield Township Committee meeting, the governing body approved sending a letter from Township Solicitor Thomas Coleman to the DOE asking the commissioner to withhold the additional Chesterfield seat from the school elections until the issue is resolved.
While Mr. Puglia and Mr. Dubay went to court last week, the school board still is waiting for a decision on their apportionment appeal by Commissioner Librera.
Steve Muschinski, solicitor for the school board, said Deputy Attorney General Kevin O’Dowd, who is representing the commissioner, filed a motion to dismiss the appeal.
Mr. Muschinski said the school board then filed a brief in support of its position and the appeal has yet to be decided upon.
DOE spokesman Richard Vespucci said the apportionment appeal is under review by the commissioner.
"I know they’re interested in getting this resolved as quickly as possible before the coming elections," said Mr. Vespucci. "Of course, the commissioner has to react in a quick manner while considering all the circumstances."
DOE spokesman Anthony D’Elia said the reapportionment remains undecided and there was no indication when a decision would be published.
Northern Burlington Superintendent James Sarruda said the board originally made the appeal because they believed the DOE used incorrect numbers for the reapportionment.
Chesterfield is home to the Garden State Correctional Facility and the Albert C. Wagner Correctional Facility.
Chesterfield has a total population of 5,955, of which 3,341 are prisoners housed in the township’s two correctional facilities.
The prison population in Chesterfield increased by 995 inmates from 1990 to 2000. Census figures state Chesterfield’s resident population decreased by 166 for a total of 2,614 in the 2000 census population.
"My argument itself is that if they want to include inmates that should be part of Title 18 (the state law)," said Mr. Dubay.
With no decision yet from the commissioner, however, officials gave mixed responses to how the appeal process would affect this month’s school board elections.
"As for now, with the ballots already printed, I don’t think there is anything that could change the election," said Mr. Muschinski.
Dr. Sarruda said he felt the commissioner could make a ruling on the appeal before the elections.
Chesterfield’s current representatives on the school board are Mary Eldred and Henry Strasser.
Ms. Eldred is not running for re-election to the school board and William Puglia is running for her seat.
Newcomer Thomas Sensbach of Mansfield and incumbent Kermit Pigott of Springfield also will be running in this month’s election.
Mr. Pigott said no one filed to run for the third seat.
If no one is elected to the seat as a write-in candidate, the school board would have to choose a candidate, said officials.